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46487225-Sec-1983-Outline

46487225-Sec-1983-Outline

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Published by Charlton Butler

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Published by: Charlton Butler on Aug 27, 2011
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05/25/2012

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The plaintiff bears the burden of proving that the right allegedly violated
was clearly established at the time of the violation; if the plaintiff meets this
burden, then the defendant bears the burden of establishing that the defendant
reasonably believed the alleged conduct was lawful. See Sorrels v. McKee, 290
F.3d 965, 969 (9th Cir. 2002); Trevino v. Gates, 99 F.3d 911, 916-17 (9th Cir.
1996); Browning v. Vernon, 44 F.3d 818, 822 (9th Cir. 1995); Neely v. Feinstein,
50 F.3d 1502, 1509 (9th Cir. 1995), overruled in part on other grounds by L.W. v.
Grubbs
, 92 F.3d 894 (9th Cir. 1996).

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